--- name: id-discovery description: > Use when drafting, responding to, or compelling discovery in an Idaho civil case. Triggers include "Idaho discovery", "interrogatories Idaho Rule 33", "how many interrogatories can I serve in Idaho", "40 interrogatory limit Idaho", "request for production Idaho Rule 34", "request for admission Idaho Rule 36", "deemed admitted Idaho RFA", "deposition Idaho Rule 30", "30 days to respond to discovery Idaho", "meet and confer Idaho discovery", "motion to compel Idaho Rule 37", "discovery sanctions Idaho". Covers the I.R.C.P. 26-37 framework: interrogatories (cap of 40 including subparts, Rule 33), requests for production (Rule 34), requests for admission (Rule 36), depositions (Rule 30), the 30-day response window, meet-and-confer mechanics, and the motion-to-compel / sanctions workflow under Rule 37. version: 0.1.0 --- # Idaho Discovery > **NOT LEGAL ADVICE.** This skill helps draft and respond to discovery. > Verify against the current Idaho Rules of Civil Procedure and the > court's local rules and any scheduling order before serving or filing. Use this skill alongside `id-statewide-format`, `id-law-references`, and (where applicable) `id-first-30-days`. The Idaho civil discovery framework lives in **I.R.C.P. 26-37** and applies in the **District Court** and the **Magistrate Division**. Pull the verbatim rule text from `../id-law-references/references/court-rules/` before serving or responding. ## Idaho allows written interrogatories Idaho permits the full toolkit of party discovery — written interrogatories, requests for production, requests for admission, and depositions — without leave of court. The four devices below are available as of right; the response window for each is **30 days**. ## Interrogatories — I.R.C.P. 33 Written interrogatories to a party are governed by **I.R.C.P. 33**. - **Numeric cap — 40, including subparts.** Under **I.R.C.P. 33(a)(1)** a party may serve **no more than 40 interrogatories, counting each discrete subpart as a separate interrogatory**, without leave of court or a written stipulation. To exceed the cap, obtain a stipulation or move for leave. Confirm the current count and the subpart-counting rule in the corpus before serving a large set. - **Responses — 30 days.** Answers are served separately and fully, in writing under oath, within **30 days** (**I.R.C.P. 33(b)(2)**), with each objection stated specifically. Business records may be produced in lieu of a narrative answer on the rule's conditions (**Rule 33(d)**). ``` INTERROGATORIES Pursuant to I.R.C.P. 33, [Defendant] requests that [Plaintiff] answer the following Interrogatories separately and fully, in writing under oath, within 30 days of service. INTERROGATORY NO. 1: State the name, address, and telephone number of each person known to you to have knowledge of the facts alleged in the Complaint, and describe the subject of that knowledge. ANSWER: [Response] ``` ## Requests for Production — I.R.C.P. 34 **I.R.C.P. 34** requests documents, electronically stored information (ESI), and tangible things, and may seek **entry onto land** for inspection. The responding party produces documents as kept in the usual course of business or organized to correspond to the request's categories, and responds within **30 days** (**I.R.C.P. 34(b)(2)**). **ESI** is produced in a reasonably usable form; address form-of-production and metadata by stipulation, consistent with the proportionality limits of Rule 26. ## Requests for Admission — I.R.C.P. 36 - **Critical — deemed admitted.** Under **I.R.C.P. 36(a)(3)** a matter is **deemed admitted** unless the party serves a written answer or objection within **30 days** of service. Calendar RFA deadlines carefully — a missed deadline can concede dispositive facts. - A party may move to **amend or withdraw** an admission on the rule's conditions (the merits are subserved and no prejudice to the requesting party). ## Depositions — I.R.C.P. 30 - **I.R.C.P. 30** governs oral depositions; serve **reasonable** written notice of the time, place, and deponent. - A party may take up to **30 depositions** without leave of court; to exceed that number, obtain a stipulation or move for leave. Confirm the current limit in the corpus. - For an **entity deposition**, describe the matters for examination with reasonable particularity so the entity can designate a witness. - Remote / video depositions are permitted by stipulation or order; state the recording method on the notice. ## Scope and proportionality — I.R.C.P. 26 Discovery is limited to matter that is **relevant to a claim or defense and proportional to the needs of the case** (**I.R.C.P. 26(b)(1)**). Privileged matter and attorney work product are protected; assert a privilege expressly and log withheld material. ## Meet-and-confer Before filing any discovery motion, **confer in good faith** with the opposing party and **document** the attempt. Idaho conditions discovery relief on a good-faith effort to resolve the dispute without court action, and the motion must include a **certification** that the effort was made. Confirm the venue's specific conferral requirement in `../id-law-references/references/court-rules/`. ``` Subject: Meet-and-Confer re: Discovery Responses — [Case Short Title], Case No. [Number] [Name], this is my good-faith effort to confer under I.R.C.P. 37 before I file a Motion to Compel. Your responses to my First Set of Interrogatories and Requests for Production, served on [DATE], are deficient as follows: 1. Interrogatory No. 3 — Boilerplate objection without specifying the vague term or quantifying the burden. 2. Request for Production No. 7 — No documents produced though the Complaint references documents within this request. 3. Request for Admission No. 2 — Evasive non-answer. Please supplement by [date]. If I do not hear from you, I will proceed with a Motion to Compel and seek expenses under Rule 37. [Name] ``` ## Motion to compel and sanctions — I.R.C.P. 37 If conferral fails, move to compel under **I.R.C.P. 37**. The motion should: 1. **Identify the specific deficiencies** (which interrogatory / RFP / RFA, and why the response is inadequate). 2. **Attach** the requests and responses as exhibits. 3. **Certify the good-faith conferral** (and attach the correspondence). 4. **Address each objection** on the merits. 5. **Request specific relief**: an order compelling responses by a date certain, plus an award of reasonable expenses. A motion to compel is noticed for hearing under **I.R.C.P. 7(b)** — see `id-hearings` and `id-schedule-hearing`. ### Sanctions ladder - On a granted motion to compel, **Rule 37** authorizes an award of the reasonable **expenses, including attorney fees**, caused by the failure, unless the opposing position was substantially justified. - For **disobedience of a discovery order**, Rule 37 escalates to stronger sanctions — up to striking pleadings, dismissal, or default judgment. - Rule 37 also addresses the consequences of **failing to admit** under Rule 36. Verify the current subpart lettering against the verbatim Rule 37 text in `../id-law-references/references/court-rules/`. ## Composition - For drafting the motion to compel: `id-draft-motion` - For the supporting affidavit / declaration: `id-draft-declaration` - For the notice of hearing on the motion: `id-draft-note`, `id-schedule-hearing` - For statewide format: `id-statewide-format` - For deadline arithmetic (the 30-day response window and the scheduling-order cutoff): `id-deadlines` - For venue: `id-ada`, `id-bonneville`, `id-county-courts` - For consumer-debt RFP / RFA banks and debt-buyer chain-of-title discovery strategy: `id-consumer-debt` ## References - `references/interrogatory-templates.md` — Rule 33 templates (40-cap) - `references/rfp-templates.md` — Rule 34 templates - `references/rfa-templates.md` — Rule 36 templates - `references/deposition-notice.md` — Rule 30 notice scaffold - `references/motion-to-compel.md` — Rule 37 scaffold - `references/meet-and-confer-templates.md` — conferral templates